South Africa Case Law

N.R.M v F.N and Others (943/2023)

N.R.M v F.N and Others (943/2023) [2025] ZAMPMBHC 53 (17 June 2025)

Court

Mbombela High Court, Mpumalanga

Case number

943/2023

Judge

TV Ratshibvumo

The court found that the applicant's marriage to the deceased was a valid customary marriage, as all requirements under the Recognition of Customary Marriages Act were met. The deceased did not obtain a divorce from the applicant, nor did the applicant consent to his subsequent marriage to the first respondent. The Constitutional Court in Mayelane v Ngwenyama established that the first wife's consent is a constitutional requirement for the validity of a subsequent customary marriage. The first respondent's marriage was therefore invalid, regardless of funeral practices or cohabitation. The co…

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• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Consent Requirement
• Marriage Registration
• Dissolution Of Marriage

Marais N.O. and Another v Maposa and Others (642/2018)

Marais N.O. and Another v Maposa and Others (642/2018) [2020] ZASCA 23; 2020 (5) SA 111 (SCA) (25 March 2020)

Court

Supreme Court of Appeal

Case number

642/2018

Judges

Petse, Mbha, Van der Merwe, Plasket, Nicholls

The Supreme Court of Appeal held that the donation of 75% of the members' interest in Seepunt Eiendomme CC from the joint estate required the consent of the non-contracting spouse, Ms Broodie, under section 15(3)(c) of the Matrimonial Property Act. The transaction prejudiced her interests and thus required her consent. The respondents, particularly Ms Ledwaba, knew of the marriage but made no enquiries as to the marital regime or the necessity of consent. The court found that the respondents failed to meet the objective standard of reasonable enquiry required to rely on deemed consent under s…

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• Matrimonial Property Act
• Donation Of Joint Estate Assets
• Consent Requirement
• Deemed Consent
• Void Transfer
• Executor Substitution

Commissioner of Child Welfare, Meyerton, In Re V (162/17), Ex parte

Commissioner of Child Welfare, Meyerton, In Re V (162/17), Ex parte [2017] ZAGPPHC 510 (10 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

162/17

Judge

BAM

The High Court allowed the Commissioner of Child Welfare to reconstruct a missing adoption record, holding that the absence of the original record did not justify setting aside the adoption order.

• Adoption Order
• Reconstruction Of Record
• Children S Act
• Consent Requirement
• Adoption-order
• Record-reconstruction

Mayelane v Ngwenyama and Another (CCT 57/12)

Mayelane v Ngwenyama and Another (CCT 57/12) [2013] ZACC 14; 2013 (4) SA 415 (CC); 2013 (8) BCLR 918 (CC) (30 May 2013)

Court

Constitutional Court

Case number

CCT 57/12

Judges

Froneman, Khampepe, Skweyiya, Moseneke, Cameron, Yacoob, Zondo, Jafta, Mogoeng, Nkabinde

The Constitutional Court held that, under Xitsonga customary law and the Recognition of Customary Marriages Act, the consent of the first wife is necessary for the validity of a subsequent customary marriage. The Court found that neither the Recognition Act nor Xitsonga custom, as previously interpreted, expressly required such consent, but constitutional principles of equality and dignity demand its inclusion. The Court developed Xitsonga customary law to require the first wife's consent for the validity of further customary marriages, aligning customary law with constitutional values. The o…

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• Recognition Of Customary Marriages Act
• Customary Law Development
• Equality And Dignity
• Validity Of Polygynous Marriages
• Consent Requirement
• Gender Discrimination

IMATU and Others v Greater Johannesburg Metropolitan Council and Others (J3150/2000)

IMATU and Others v Greater Johannesburg Metropolitan Council and Others (J3150/2000) [2000] ZALC 74 (10 August 2000)

Court

Labour Court

Case number

J3150/2000

Judge

B M Jammy

The Labour Court held that employees’ contracts transferred automatically under section 197 of the LRA when the businesses were sold as going concerns, so no consent was required.

• Transfer Of Employment
• Municipal Restructuring
• Statutory Conflict
• Consent Requirement
• Automatic Transfer
• Costs Order